Biering, Raymond A.
Biering, Brian S.
2008-07-30T16:55:27Z
2008-07-30T16:55:27Z
2008
23 J. ENVTL. L. & LITIG. 35 (2008)
1049-0280
http://hdl.handle.net/1794/6973
38 p.
A print copy of this title is available through the UO Libraries under the call number: LAW LIB. K 10 .O425
This Article first addresses the ultimate impact of
Massachusetts [v. EPA] in the context of the law of climate change in the
United States. We analyze the immediate implications of
probable regulatory actions at the federal level which are either
mandated by Massachusetts or will likely follow as a result of the
Supreme Court’s decision. The Article then considers the
existing regional and state climate protection efforts evolving
independently of federal climate change initiatives. We argue
that these “sub-national” initiatives are evolving in a “federal
vacuum.”18 As a case study of sub-national climate change
initiatives evolving in the federal vacuum, California’s pioneer
programs are looked to as an important economy-wide program
that may also play a key role in furthering notions of
environmental federalism. In light of the evolution of programs
like those in California, this Article considers the potential
federal and state conflicts that may arise as a result of regional, state, and local climate change initiatives. Finally, the Article
considers goals of environmental federalism, wherein
preemption is limited and both federal and sub-national
coordination of policy is maximized. By viewing the states as
laboratories for effective policy, this conception of
environmental federalism would further national reductions in
greenhouse gases through the encouragement of sub-national
efforts.
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University of Oregon School of Law
Journal of Environmental Law & Litigation : Vol. 23, No. 1, p. 035-072 : Massachusetts v. EPA: Rescuing Icarus with Environmental Federalism
Massachusetts v. EPA: Rescuing Icarus with Environmental Federalism
Article